Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court refused bail, dismissing the petitioner's application.
Summary
Sunil Kumar was arrested on 25 September 2024 in connection with a case involving assault, theft, threats and later a murder charge under various sections of the Indian Penal Code. The prosecution alleges that he, along with co‑accused, assaulted the informant's mother with an iron rod, stole Rs 2 lakhs and threatened to kill, with a post‑mortem confirming fatal injuries. The petitioner claims he is innocent, asserting the allegations are fabricated due to a land dispute with his brother, the informant. The trial court has framed charges and examined two of eight witnesses, with the trial expected to conclude within four months. The High Court, noting the specific allegation of assault on the deceased supported by the post‑mortem report, refused the bail application, deeming the seriousness of the offences and evidence insufficient for release.
Issues considered
- Whether bail should be granted to the petitioner in a case involving offences under IPC sections 341, 323, 307, 379, 504, 506, 34 and 302, given the seriousness of the allegations and the post‑mortem evidence.
Legislation cited
- Indian Penal Code — s. 302, 307, 323, 34, 341, 379, 504, 506
Subjects
- bail
- Indian Penal Code
- murder
- assault
- post-mortem report
- land dispute
- criminal procedure
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85585 of 2025
Arising Out of PS. Case No.-750 Year-2023 Thana- DHANARUA District- Patna
======================================================
Sunil Kumar Son of Late Jagat Narayan Prasad Resident of Village - Dost
Muhammadpur, P.S.- Dhanarua, Dist.- Patna, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dineshwar Mishra, Advocate
Ms. Ruchi Arya, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 18-04-2026 Heard Mr. Dineshwar Mishra, learned counsel for
the petitioner and Mr. Bharat Lal, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
25.09.2024 in connection with Dhanarua P.S. Case No.
750/2023, F.I.R. dated 04.12.2023 for the offences punishable
under Sections 341, 323, 307, 379, 504 and 506 read with
Section 34 of the Indian Penal Code and later on Section 302 of
the Indian Penal Code wad added on 19.12.2023.
3. According to prosecution case, the informant,
namely, Anil Kumar alleged that the petitioner including all the
FIR named accused persons assaulted the mother of the
informant (Gajmati Devi) by iron rod and also took out Rs. 2
Patna High Court CR. MISC. No.85585 of 2025(6) dt.18-04-2026
2/3
lakhs kept in box for the purpose of niece marriage for which
case has been lodged and the accused persons went to jail that
time but after coming out from jail accused persons started
abusing regularly and also gave threat to kill.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. It appears from the F.I.R. that the allegation
against the petitioner is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. Learned
counsel has submitted that this case has arisen due to land
dispute between the petitioner and the informant. The informant
is full brother of the petitioner.
5. Vide order dated 25.03.2026 a report was called
with regard to the present stage of trial. Report of the learned
Trial Court dated 01.04.2026 reveals that the charge has been
framed on 09.04.2025 and out of eight witnesses named in the
charge-sheet, two witnesses have already been examined.
Summons has been already issued to witnesses. Trial is likely to
be concluded within four months. Now, the case is fixed on
02.04.2026 for prosecution’s evidence.
6. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
Patna High Court CR. MISC. No.85585 of 2025(6) dt.18-04-2026
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ground that petitioner carries one criminal antecedent other than
the present one but fairly submits on the basis of paragraph-3 of
the bail application that the petitioner is on bail in the said
matter. Learned counsel has submitted that the specific
allegation of assaulting the deceased is against the petitioner and
the deceased happens to be the mother of the petitioner. As per
the Post Mortem Report, the cause of death is haemorrhage and
shock, the injury no. 1 and 3 were caused by hard and blunt
object whereas the injury no. 2 was caused due by rajor sharp
and pointed object.
7. Considering the aforesaid fact that there is specific
allegation of assaulting the deceased against the petitioner
which is supported by the post mortem report, I am not inclined
to enlarge the petitioner on bail in connection with Dhanarua
P.S. Case No. 750/2023 pending in the court of learned Judicial
Magistrate I/C at Masaurhi, Patna.
8. Prayer is refused.
(Rajesh Kumar Verma, J)
atul/-
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